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December 9, 2016

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Documenting Your Vote (2008)

PLEASE NOTE: This page includes information current as of the
November 2008 national elections; we are maintaining this page for archival purposes. Our guide for
the November 2012 national elections is here.

In order to protect voters from interference and
intimidation, state governments have enacted a complex array of
election laws that regulate what activities are permitted at polling
places on Election Day. These laws impact your ability to shoot video
or take photographs at a polling place, even if your purpose is just to
document your own voting experience. In the vast majority of states,
these laws make a distinction between what you can do inside a polling
place and what you can do outside a polling place. The laws are more
restrictive when it comes to activities inside and within certain
buffer zones around the entrance, which are typically 100 feet from the
entrance or interior voting area. Outside of the polling place and
these buffer zones, your ability to document your voting experience is
much freer.

Because there is no single, national law regulating polling place activities, it is difficult to generalize about what you can and cannot do on Election Day. You must consult your state's law in order to make sure that your proposed activities are legal. Nevertheless, the following four general guidelines can help you stay within the law while documenting your vote.

Guidelines for Avoiding Legal Trouble

1. Follow the Rules

If you want to take photographs or shoot video inside your polling place, you must be cautious to avoid violating the law. Election laws are serious business – you could be removed from the polling place and even subject to criminal penalties. Some states like Florida, Georgia, Kentucky, Michigan, Nevada, North Carolina, Texas and West Virginia expressly prohibit the use of photographic and recording equipment inside polling places. In these states, you should respect the law and refrain from doing any recording or photographing inside. In other states, the election laws are not clear regarding the use of personal photographic and video equipment.

At the bottom of this page we've created a chart summarizing the law and on our State Law: Documenting Your Vote page you will find additional information and links to resources to help you determine where your state falls on this issue. If are unsure as to what is permitted, contact your local election officials or ask a poll worker.

2. Be Discreet

Even if you are permitted to take photographs or video inside, you should be discreet and sensitive to the concerns of poll workers and other voters. The smaller your equipment is, the better. You are more likely to get permission, and less likely to intimidate other voters, if you use a cell phone camera, rather than a bulky on-the-shoulder video camera or a fancy SLR with a huge telephoto lens. It will also help if you stick to documenting your own experience rather than documenting the activities of others. In addition, don’t linger inside the polling place after you’ve cast your vote. Do your civic duty and then proceed out of the building in an orderly fashion.

3. Don’t Interfere With Voters or Disrupt the Process

Keep in mind that all states prohibit activities that interfere with the voting process or intimidate voters, and poll workers and other voters might see your photographing or videotaping as disruptive or intimidating. You should never photograph or film someone else’s ballot or get too close to other voters with your camera. If a voter objects, stop filming that person immediately. Don’t try to interview other voters inside the polling place and avoid any appearance of trying to solicit or influence someone else’s vote. Leave your buttons, stickers, hats, and other party paraphernalia at home.

4. Respect the Buffer Zone Outside

You can do more outside of polling places. Still, there are some things to keep in mind. Many states have restricted buffer zones, typically 100 feet outside the entrance to the polling place. In these zones, you generally can’t loiter, interfere with voters, block the entrance, or engage in any campaigning activity. Although many state laws do not specifically mention filming in these zones, it’s probably safer to shoot outside of the buffer zone, unless you’ve confirmed that your state law allows it.

These buffer zones may be marked off with signs or a chalk line. Or you may be able to determine where the line is by looking for where other people are engaging in electioneering activity freely, or where members of the traditional media or exit pollsters are set up.

Outside the buffer zone, you can film freely, use a larger camera, and interview voters. You should still be courteous to others and make every effort not to interfere with anyone’s ability to get to the polls. When interviewing a voter, first get the voter's permission. If possible, get written permission or record verbal permission on video. Explain to the voter what you intend to do with the video (such as uploading it to the Internet) and get their permission to use their name and likeness for that purpose.

To help you better understand these guidelines, we've created this short video:

State Resources

For specific resources for your state, including a list of election laws, websites, and contact information
for election officials in all 50 states and the District of Columbia, see our State Law: Documenting Your Vote page or select one of the links below to go directly to that state's relevant information. (Note: this chart is a work-in-progress. If you have additional information on this topic, please contact us.)

State

State Law Expressly Prohibits All Recording Inside Polling Place

State Law Doesn't Expressly Prohibit All Recording Inside Polling Place
* see below

State Officials Take Position Recording Prohibited Inside Polling Place

* Nearly all states prohibit conduct that intimidates voters, interferes with their exercise of the right to vote, or disrupts the voting process. Election officials may take the view that photography or videography runs afoul of these laws.

** "Public display of own marked ballot" refers to the practice of photographing or filming one's own vote at the time of voting and afterwards displaying the image on a publicly accessible platform like the Internet. Streaming live video of your own marked ballot may create legal problems in additional states. "?" means the law is unclear. Keep in mind that states have these laws to prevent vote buying and coercion, so you should be cautious of publicly posting your ballot.

We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.

Disclaimer

Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information. It is not offered for the purpose of providing individualized legal advice. Use of this guide does not create an attorney-client or any other relationship between the user and the Digital Media Law Project or the Berkman Center for Internet & Society.

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